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CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10215
Experience:  Civil litigation attorney for individuals and businesses.
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I have a felony with restitution owed they are trying to

Customer Question

I have a felony with restitution owed they are trying to keep my daughters life insurance from me, can they do that with all the bills we have after her deatb
Submitted: 3 months ago.
Category: Family Law
Expert:  AttyHeather replied 3 months ago.

Hi, I'm Heather, an attorney with 15 years family law experience, and I'll be assisting for informational purposes.

I'm not sure you are referring to as "they." If you are referring to the life insurance company, they can only not pay you the insurance if it provides for an exclusion in the policy. You will need to closely read the policy and figure out if the reason the money is being withheld is in the life insurance policy, which is a contract.

Has this answered your question?

Customer: replied 3 months ago.
No this doesn't they are trying to take all of it, it is through KPERS
Customer: replied 3 months ago.
It's the federal government, can I have it go to my other daughter?
Customer: replied 3 months ago.
I sent you a message and no response
Expert:  CalAttorney2 replied 3 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today. Your prior expert appears to have opted out, this sometimes happens and I apologize for the inconvenience/delay.

Unfortunately, the short answer to your question "can they do that?" is "yes"

  • -You say that you have a restitution order that is being enforced by the Federal Government.
  • -The government has a right to garnish, lien, or levy assets that you have an interest in, title to, or claim on.
  • -You also note that the funds that are at issue are life insurance funds from your daughter's account (my sincere apologies for her passing).
  • -I will assume that the life insurance policy named you as the beneficiary.
  • -With the above information, the Government has a right to levy on the life insurance funds that named you as a beneficiary to pay the restitution order that you owe.

I do wish that I had a different answer for you, but I want to provide you with a clear and concise statement to answer your question and avoid any confusion or ambiguity.

Also, please keep in mind, this is a "general information forum" only, and does not substitute for the advice or instruction of a local attorney. If you believe that there is something unique or different concerning your matter, or if you would like a formal legal opinion, you will want to visit with a local attorney. This matter can be handled by either a criminal defense attorney or a general practice attorney (I would recommend a criminal defense attorney - but make sure that they have some experience with the restitution order enforcement side of things, many criminal defenders specialize through trial/appeal only and not post-judgment).

Customer: replied 3 months ago.
Can I give or gift this money to my other adult daughter by signing over and keep them from taking it I a had intended to go to her anyway
Expert:  CalAttorney2 replied 3 months ago.

Doing this will subject your adult daughter to a collection claim through what is called the "Uniform Fraudulent Transfer Act" (you can learn more about how this works here:

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